2006 New York Code - Functions Of The Chief Administrator Of The Courts.

 
    §  212.  Functions  of  the  chief administrator of the courts. 1. The
  chief administrator of the courts, on behalf of the chief  judge,  shall
  supervise  the administration and operation of the unified court system.
  In the exercise of such responsibility, the  chief  administrator  shall
  have  such  powers  and  duties  as may be delegated to him by the chief
  judge and, in addition, the following functions, powers and duties which
  shall be exercised as the chief judge may provide and in accordance with
  such  standards  and  administrative  policies  as  may  be  promulgated
  pursuant to section twenty-eight of article six of the constitution:
    (a)  Prepare  the  itemized estimates of the annual financial needs of
  the unified court system, in accordance  with  section  one  of  article
  seven  of  the  constitution.  Such  itemized estimates, approved by the
  court of appeals and certified by the chief judge, shall be  transmitted
  to  the  governor  not later than the first day of December in each year
  for inclusion in the budget without revision.  The  chief  administrator
  shall  forthwith  transmit  copies  of  such  itemized  estimates to the
  chairmen of the senate finance and judiciary committees and the assembly
  ways and means and judiciary committees.
    (b) Establish an administrative office for the courts and appoint  and
  remove  such  deputies, assistants, counsel and employees as he may deem
  necessary and fix their salaries within the appropriation made available
  therefor.
    (c) Establish the hours, terms and parts of court, assign  judges  and
  justices to them, and make necessary rules therefor.
    (d)  Designate  deputy  chief administrators and administrative judges
  for any or all of the courts of the unified  court  system,  except  the
  appellate divisions and the court of appeals.
    (e)  Act  as  "chief  executive  officer"  and exercise the functions,
  powers and duties of a "public employer" under the provisions of article
  fourteen of the civil service law.
    (f) Make recommendations to the legislature and the governor for  laws
  and  programs to improve the administration of justice and the operation
  of the unified court system; and, with respect to any bill proposing law
  which is likely to have a substantial and direct effect upon the unified
  court system, prepare a judicial impact statement upon  written  request
  of  the  chairman of the standing committee of the senate or assembly to
  which the bill has  been  referred  or  upon  his  own  initiative.  The
  statement  shall  be submitted as soon as practicable to the chairman of
  the appropriate committee  and  contain,  to  the  extent  feasible  and
  relevant,  the  chief  administrator's  projections of the impact of the
  proposed law on the functioning of the courts and  related  agencies  of
  the  unified court system, including: (i) administration; (ii) caseload;
  (iii) personnel; (iv) procedure;  (v)  revenues;  (vi)  expenses;  (vii)
  physical facilities; and (viii) such additional considerations as may be
  requested   by   the  committee  chairman,  or  included  by  the  chief
  administrator.
    (g) Receive and consider proposed amendments to the civil practice law
  and rules and the  criminal  procedure  law,  and  conduct  studies  and
  recommend changes therein.
    (h)  Hold hearings and conduct investigations. The chief administrator
  may issue a subpoena requiring a person to  attend  before  him  and  be
  examined  under  oath  with reference to any aspect of the unified court
  system, and require the production of books  or  papers  with  reference
  thereto.
    (i) Adopt, amend and rescind all rules and orders necessary to execute
  the functions of his office.
    (j)  Collect,  compile  and  publish  statistics  and  other data with
  respect to the unified court system and submit annually,  on  or  before
  the fifteenth day of March, to the legislature and the governor a report
  of  his  activities and the state of the unified court system during the
  preceding year.
    (k)  Require  all personnel of the unified court system, county clerks
  and law enforcement officers to furnish any information and  statistical
  data as will enable him to execute the functions of his office.
    (l)  Request  and receive from any court or agency of the state or any
  political subdivision thereof such assistance, information and  data  as
  will enable him to execute the functions of his office.
    (m) Undertake research, studies and analyses of the administration and
  operation of the unified court system including, but not limited to, the
  organization,   budget,  jurisdiction,  procedure,  and  administrative,
  clerical, fiscal and personnel practices thereof.
    (n) Accept as agent of the state with the approval of the chairmen  of
  the  senate  finance committee and the assembly ways and means committee
  and the respective judiciary committees of each house, any grant or gift
  for the purpose of executing the  functions  of  his  office;  provided,
  however,  that  legislative  approval  as prescribed herein shall not be
  required for the acceptance of any grant or gift the value of which does
  not exceed five thousand dollars.
    (o) Contract for goods and services on behalf  of  the  unified  court
  system.
    (p)  Promote  cooperation  and  coordination between the unified court
  system and other agencies of the state or its political subdivisions.
    (q) Create advisory committees to assist him in the execution  of  the
  functions of his office.
    (r)  Establish  educational  programs, seminars and institutes for the
  judicial and nonjudicial personnel of the unified court system.
    (s) Delegate to any deputy, assistant, court or administrative  judge,
  administrative functions, powers and duties possessed by him.
    (t)  Do  all  other  things  necessary and convenient to carry out his
  functions, powers and duties.
    (u)  Review  and  approve  plans,  specifications,  designs  and  cost
  estimates  for  the  design,  acquisition, construction, reconstruction,
  rehabilitation, improvement, furnishing or equipping of court facilities
  pursuant to a capital plan approved in accordance with  section  sixteen
  hundred  eighty-c of the public authorities law; provided, however, that
  in the event that such plans, specifications, designs or cost  estimates
  effect  a  substantial  change  in an approved capital plan, such plans,
  specifications, designs or cost estimates must be approved by the  court
  facilities  capital  review  board  in  accordance  with section sixteen
  hundred eighty-c of the public authorities law.
    (v) Insure that appropriate public notice is given of  the  provisions
  of section 215.22 of the penal law.
    2. The chief administrator shall also:
    (a) Designate the justices of the appellate terms of the supreme court
  and  the  places where such appellate terms shall be held, in accordance
  with the provisions of section eight of article six of the constitution.
    (b) Promulgate rules of conduct for judges and justices of the unified
  court system with the approval of the court of  appeals,  in  accordance
  with   the   provisions   of  section  twenty  of  article  six  of  the
  constitution.
    (c) Temporarily assign  judges  and  justices  of  the  unified  court
  system,  in  accordance  with  the  provisions  of section twenty-six of
  article six of the constitution.
    (d) Adopt rules and  orders  regulating  practice  in  the  courts  as
  authorized  by statute with the advice and consent of the administrative
  board of the courts, in accordance with the provisions of section thirty
  of article six of the constitution.
    (e)  Prepare forms and compile data on family offenses, proceedings or
  actions in all courts,  including  but  not  limited  to  the  following
  information:
    (i) the offense alleged;
    (ii)  the  relationship  of  the alleged offender to the petitioner or
  complainant;
    (iii) the court where the action or proceeding was instituted;
    (iv) the disposition; and
    (v) in the case of dismissal, the reasons therefor.
    In executing this requirement, the chief administrator may adopt rules
  requiring appropriate law enforcement or criminal  justice  agencies  to
  identify  actions  and  proceedings  involving family offenses and, with
  respect to such actions and proceedings, to report,  in  such  form  and
  manner  as  the  chief  administrator  shall  prescribe, the information
  specified herein.
    The chief administrator of the courts shall adopt rules to  facilitate
  record  sharing  and other communication among the supreme, criminal and
  family  courts,  subject  to  applicable  provisions  of  the   domestic
  relations   law,  criminal  procedure  law  and  the  family  court  act
  pertaining to the confidentiality, expungement and sealing  of  records,
  where  such  courts exercise concurrent jurisdiction over family offense
  proceedings or proceedings involving orders of protection.
    (f) Have the power to prescribe forms pursuant to section 10.40 of the
  criminal procedure law.
    (g) Designate by rule one supreme court library within  each  judicial
  district  to  serve  as the repository of materials transmitted by state
  agencies pursuant to paragraph c of  subdivision  four  of  section  one
  hundred two of the executive law.
    (h) (i) Formulate, establish and maintain a plan or plans to encourage
  and  reward  unusual  and meritorious suggestions and accomplishments by
  state employees and suggestions of  retired  state  employees  promoting
  efficiency and economy in the performance of any function of the unified
  court system.
    (ii)  Make  and  render  merit  awards  to or for the benefit of state
  employees and retired state  employees  nominated  to  receive  them  in
  accordance  with  such  plan  or  plans.  The  chief  administrator  may
  determine the nature and extent of such merit awards, which may  include
  but  shall  not  be limited to certificates, medals or other appropriate
  insignia, or cash awards in such amounts as may be fixed  by  the  chief
  administrator.
    (iii)  Adopt  and  promulgate  rules  and  regulations  governing  the
  operation of any plan or plans established  hereunder,  the  eligibility
  and  qualifications  of  state  employees  and  retired  state employees
  participating therein, the character  and  quality  of  suggestions  and
  accomplishments   submitted  for  consideration,  the  method  of  their
  submission and the procedure for their  review,  nominations  for  merit
  awards, and the kind, character and value of such awards, and such other
  rules  and regulations as may be deemed necessary or appropriate for the
  proper administration of any plan or plans established hereunder.
    (i) Review the practices and procedures of the  unified  court  system
  regarding  fair  treatment  standards  for  crime  victims and implement
  recommendations for change, in accordance with the provisions of article
  twenty-three of the executive law.
    * (j) Notwithstanding any provision of law, rule or regulation to  the
  contrary,  establish a system for the posting of bail and the payment of
  fines, mandatory surcharges, court fees, and other monies payable  to  a
  court,  county  clerk  in  his or her capacity as clerk of court, or the
  office of court administration, or to a sheriff upon enforcing  a  court
  order  or  delivering  a court mandate pursuant to article eighty of the
  civil  practice  law  and  rules,  by  means of a credit card or similar
  device. Notwithstanding any provision of law to the contrary, the  chief
  administrator  may  require a party making a payment in such manner also
  to pay a reasonable administrative fee. In establishing such system, the
  chief administrator shall seek the assistance of the  state  comptroller
  who  shall  assist  in  developing such system so as to ensure that such
  funds shall be returned to  any  jurisdiction  which,  by  law,  may  be
  entitled  to them. The chief administrator shall periodically accord the
  head of each  police  department  or  police  force  and  of  any  state
  department,  agency, board, commission or public authority having police
  officers who fix pre-arraignment bail pursuant to section 150.30 of  the
  criminal  procedure  law  an  opportunity to have the system established
  pursuant to this paragraph apply to the posting of pre-arraignment  bail
  with police officers under his or her jurisdiction.
    * NB Effective until August 9, 2010
    * (j)  Notwithstanding any provision of law, rule or regulation to the
  contrary, establish a system for the posting of bail in  court  and  the
  payment of fines, mandatory surcharges, crime victim assistance fees and
  court  fees  by  credit  card  or  similar  device. In establishing such
  system, the chief administrator shall seek the assistance of  the  state
  comptroller  who  shall assist in developing such system so as to ensure
  that such funds shall be returned to any jurisdiction which, by law, may
  be entitled to them. The chief administrator shall  periodically  accord
  the  head  of  each  police  department or police force and of any state
  department, agency, board, commission or public authority having  police
  officers  who fix pre-arraignment bail pursuant to section 150.30 of the
  criminal procedure law an opportunity to  have  the  system  established
  pursuant  to this paragraph apply to the posting of pre-arraignment bail
  with police officers under his or her jurisdiction.
    * NB Effective August 9, 2010
    (k) Upon application, certify former judges or justices of the unified
  court system and former housing judges of the civil court of the city of
  New York who served for at least two years in such position to solemnize
  marriages.
    (l) Establish a panel which shall issue advisory  opinions  to  judges
  and  justices  of  the  unified court system upon the request of any one
  judge or justice, concerning one  or  more  issues  related  to  ethical
  conduct  or  proper  execution  of judicial duties or possible conflicts
  between private interests and official duties.
    (i) The panel shall have no executive,  administrative  or  appointive
  duties  except  as  provided otherwise in this paragraph or in rules and
  regulations adopted to implement this paragraph. The panel shall consist
  of such number of members who possess such qualifications and serve  for
  such terms as the rules and regulations shall provide. Each member shall
  serve without compensation but shall be reimbursed for expenses actually
  and  necessarily  incurred  in  the  performance  of his or her official
  duties for the panel. Notwithstanding  any  inconsistent  provisions  of
  this or any other law, general, special or local, no officer or employee
  of  the  state or any public corporation, as defined in article two-A of
  the general construction law, shall be deemed to have forfeited or shall
  forfeit his office or employment or  any  benefits  provided  under  the
  retirement and social security law or under any public retirement system
  maintained  by  the state or any of its subdivisions by reason of his or
  her being a member of the panel.
    (ii) The panel shall issue a written advisory opinion to the judge  or
  justice   making  the  request  based  upon  the  particular  facts  and
  circumstances of the case, which shall be detailed in the request and in
  any additional material supplied by the judge or justice at the instance
  of  the  panel.  If  the individual facts and circumstances provided are
  insufficient in detail  to  enable  the  panel  to  render  an  advisory
  opinion,  the  panel  shall  request  supplementary information from the
  judge  or  justice  to  enable  it  to  render  such  opinion.  If  such
  supplementary  information is still insufficient or is not provided, the
  panel shall so state and shall not render an advisory opinion based upon
  what it considers to be insufficient detail.
    (iii) Notwithstanding  any  other  provisions  of  law,  requests  for
  advisory   opinions,  advisory  opinions  issued  by  the  panel  to  an
  individual judge or justice of the unified court system, and  the  facts
  and  circumstances  upon  which  they  are  based,  shall  be and remain
  confidential between the panel  and  the  individual  judge  or  justice
  making  the request; provided, however, that the panel shall publish its
  advisory opinion and the facts and circumstances upon which it is  based
  with  appropriate deletions of names of persons, places and things which
  might tend to identify either the judge or justice making the request or
  any  other  judge  or  justice  of  the  unified   court   system;   and
  deliberations of the panel shall be and remain totally confidential.
    (iv) Actions of any judge or justice of the uniform court system taken
  in  accordance with findings or recommendations contained in an advisory
  opinion issued by the panel shall be presumed proper for the purposes of
  any  subsequent  investigation  by  the  state  commission  on  judicial
  conduct.
    (m) Expend funds made available in a political subdivision pursuant to
  section  five  hundred  twenty-one  of  this chapter for the purposes of
  improving,  furnishing  or   equipping   jury   assembly   rooms,   jury
  deliberation  rooms, offices for commissioners of jurors, and such other
  court facilities in  such  political  subdivision  as  are  required  to
  effectuate the policies of the state declared in section five hundred of
  this  chapter; except that, in any state fiscal year, no expenditure may
  be made hereunder for any purpose where funds have been  made  available
  by  appropriation in such fiscal year to pay the cost thereof. Nor shall
  this  paragraph,  and  any  expenditures  made  hereunder,  relieve  any
  political  subdivision  of  its  obligation under section thirty-nine of
  this chapter to provide goods,  services  and  facilities  suitable  and
  sufficient  for  the transaction of business by courts and court-related
  agencies.
    * (n) Have the power to authorize a court  under  subdivision  (b)  of
  section  forty-three  hundred  seventeen  of  the civil practice law and
  rules to order a reference to determine an application for an  order  of
  protection   (including  a  temporary  order  of  protection)  that,  in
  accordance with law, is made ex parte or where all parties  besides  the
  applicant default in appearance; provided, however, this paragraph shall
  only  apply  to  applications brought in family court after five o'clock
  p.m. Training about domestic violence shall be required for all  persons
  who are designated to serve as references as provided in this paragraph.
    * NB Repealed September 1, 2008
    * (o)   Notwithstanding  the  provisions  of  paragraph  (n)  of  this
  subdivision, have the power to authorize family courts  in  the  seventh
  and  eighth  judicial  districts to establish a judicial hearing officer
  pilot program (hereinafter referred to as "pilot  program")  and,  under
  subdivision  (b)  of  section forty-three hundred seventeen of the civil
  practice law and rules, order a reference to  determine  an  application
  for  an  order  of protection or temporary order of protection, that, in
  accordance with law, is made ex parte or where all  parties  beside  the
  applicant  default  in  appearance;  provided,  however,  that the chief
  administrator shall not exercise this power without  prior  consultation
  with  the  presiding justice of the fourth judicial department. Training
  about domestic violence shall  be  required  for  all  judicial  hearing
  officers in the pilot program.
    On  or  before  the  first  day  of  April  in  each  year,  the chief
  administrator of  the  courts  shall  submit  a  report  concerning  the
  judicial  hearing  officer  pilot program to the governor, the temporary
  president of the senate, the speaker of  the  assembly,  and  the  chief
  judge of the state. Such report shall include the number of applications
  for  an  order  of protection determined by judicial hearing officers in
  the pilot program, the disposition of such applications, and such  other
  data,  information,  and  analysis  as  are  necessary  to  evaluate the
  efficacy of the pilot  program  in  the  administration  of  justice  in
  response to domestic violence.
    * NB Repealed July 30, 2008